Is The Person Who Sends A Text To A Driver Liable For Distracted Driving?

Posted By
Scott H. Palmer, P.C.

You were injured in an accident by a driver who was reading a text message.
Can you sue the person who sent the text?

This question has yet to be answered by the Pennsylvania courts, but a
New Jersey court recently took a stab at it. Last week, a judge ruled
that you cannot sue the texter after a texting while driving accident.

The case involved a New Jersey couple who each lost a leg in a motorcycle
accident. They brought personal injury claims against the driver as well
as the person who sent the driver a text message. They claim that text
message is what caused their accident. The text-sender, they said, knew
or should have known her boyfriend was driving and she was "virtually
present" before the accident.

The judge disagreed, stating that it was the driver's duty to pay attention
to driving. The driver could have chosen not to answer his phone. He said
if he were to reach a decision in favor of the plaintiffs, "any form
of distraction could potentially serve as a basis of a liability case."

Liability for texting while driving

The ruling does not mean that the driver is off the hook. The driver faces
a personal injury law suit for the injuries he caused while driving distracted.

This is true in both New Jersey and at home in Pennsylvania. A distracted
driver can also face penalties for texting while driving. In Pennsylvania,
a law making it illegal to text while driving went into effect in March.
Those who text while driving now face a $50 fine and further penalties
if they cause injuries due to distracted driving.

COMMITTED TO LEGAL EXCELLENCE

Over the years, our firm has continued to collect various honors and awards for the outstanding legal representation we provide. Always striving to help our clients secure the best possible results, we believe in going above and beyond the legal call of duty to help our clients win.

*Scott Palmer is Board Certified in Criminal Law by the Texas Board of
Legal Specialization (2005 to present), David P. Housel, Jr. is Board
Certified in Family Law by the Texas Board of Legal Specialization (2004
to present).